Terms of Service

Participant Terms of Service | Researcher Terms of Service

Participant Terms of Service

These terms of service govern your use of MindSwarms. By clicking “accept” and using MindSwarms, you agree to be bound by these terms of service. If you do not agree to these terms of service, you may not use MindSwarms.

1. Privacy Policy

Any User Information submitted in connection with your use of MindSwarms is subject to our Privacy Policy, which is incorporated into our terms. Please review our Privacy Policy to understand our practices.

2. Registration

  1. Age and Agreement.
    IF YOU ARE UNDER AGE 18 YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO USE THIS SITE AND SERVICE, AS WELL AS HAVE YOUR PARENT READ AND AGREE TO THESE TERMS. YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THAT YOU ARE THE PARENT OR LEGAL GUARDIAN OF A USER THAT IS AT LEAST 13 YEARS OF AGE, AND YOU AGREE TO THESE TERMS.
  2. Registration and Account.
    To apply for and participate in Research Studies, you must register and create a MindSwarms account. When you create an account, you represent and warrant:
    1. You are the only one who will use your account to participate in Research Studies.
    2. You will keep your account and contact information accurate and up to date.
    3. You will not create more than one MindSwarms account.
    4. If you use your account through a mobile device, you will be responsible for all fees related to your mobile use.
  3. Password and Security.
    1. You are responsible for and must keep your password private and not share it with anyone.
    2. You are responsible for all activities that occur under your password.
    3. You are responsible for any harm that occurs from inadequately protecting your password.
    4. You agree to notify us immediately of any unauthorized use of your password or any other breach of security.
    5. We reserve the right to require you to change your password if we believe that your password is no longer secure.

3. Participation

  1. Requirements.
    You will need the following to participate in Research Studies:
    1. A high-speed upstream Internet connection (capable of a sustained 384 kb/s or better)
    2. A webcam capable of recording in at least 640×480 resolution
    3. A microphone and speakers
    4. A modern web browser i.e., Chrome 60+ and Firefox 52+
    5. The latest version Adobe Flash Player software
    6. A PayPal account
  2. Garments.
    While participating in Research Studies we would like you to feel relaxed and at ease; however we ask that you please be fully dressed when recording your responses.
  3. License.
    Subject to these terms of service, you may access and use MindSwarms through your account to participate in Research Studies. No one else may access and use MindSwarms through your account unless you record your authorization in advance of the study. If the person is a minor (under 18), you must identify yourself as that person’s parent or guardian who is authorized to act on the minor’s behalf and grant the minor permission to complete the study.
  4. Restrictions.
    1. When using MindSwarms, you agree not to:
      1. apply to each Research Study more than once.
      2. impersonate any person or entity.
      3. provide any false Personal Data or other information.
      4. provide any data or information that you do not have the right to provide us.
      5. upload or transmit any material that is defamatory, libelous, pornographic, obscene or unlawful, or any damaging files, programs or code.
      6. violate any laws.
    2. Only one member per household may participate in each Research Study unless explicitly stated in the study application.
    3. You may not record, copy, modify, reproduce, republish, post, transmit, sell, offer for sale, or redistribute Research Data submitted by you or any of our copyrights or trademarks, without our prior written permission.
    4. We reserve the right to modify or discontinue the MindSwarms services with or without notice to you.
  5. When your responses are flagged.
    1. Researchers are permitted to flag your study responses if you:
      1. apply to each Research Study more than once.
      2. do not complete the Research Study.
      3. have technical issues that hinder the Researcher’s ability to interpret your answers.
      4. do not answer the questions in the Research Study in sufficient detail.
      5. appear untruthful or inconsistent in the Research Data that you submit.
    2. If your study responses are flagged, you will be given 24 hours to correct the issue(s). If you fail to correct he issue(s) in 24 hours, you may not be paid.
    3. We are not responsible for a Researcher rejecting your data.
  6. Likeness Consent.
    We may capture your voice, appearance, and likeness in the Research Data that you create and submit. By submitting Research Data, you agree that:
    1. We have your irrevocable and perpetual permission to use you or your child’s voice, appearance, and likeness submitted in the Research Data.
    2. We exclusively own such voice, appearance, and likeness in the Research Data and any derivative works thereof, and may use them for marketing or any other lawful purpose.
    3. You waive any right to review or approve, and release MindSwarms from any claims regarding, such use.
    4. Your consent and permission binds your heirs, assigns, successors and representatives.

4. Payment

  1. PayPal Requirement.
    To receive payment, you must have a working PayPal account. Your PayPal email may differ from your contact email and can be updated on the “Your Account” page of our website.
  2. Payment Timing.
    After you complete a Research Study, we will pay you $50 (unless otherwise specified) via PayPal, provided that the Researcher does not flag your responses. We will make all payments within 48 business hours unless administrative or technical issues prevent us from meeting that deadline. Please note that we are unable to resend or reroute a payment to another account after it has been made.
  3. Taxes.
    You are responsible for any and all taxes associated with any payments you receive from us. To comply with US tax law, we may require US taxpayers earning over $600 from us in a tax year to provide IRS form W-9 before releasing payment.

5. Data

  1. Ownership.
    Research Data and Personal Data provided by you will be owned by us and licensed to Researchers. You assign to us any and all interest you may have in the Research Data and any feedback you provide.
  2. Third Party Rights.
    You represent and warrant that the Research Data and Personal Data you provide, and our and the Researchers’ use of such data, do not and will not violate, infringe or misappropriate any third party right.
  3. Waiver.
    You waive any and all moral rights and rights of privacy and publicity you may have in the Research Data and Personal Data (i.e., Personal Data that does not identify you, such as gender or age).

6. Confidentiality

  1. Confidential Information.Confidential information means information and materials concerning a Researcher’s or our business, plans, customers, technology and products that are confidential and of substantial value. All Research Studies and their related non-public materials are confidential information. This includes, but is not limited to, the study title, study questions that you respond to, linked or embedded materials such as audio, images, video, or web pages provided as part of a study, and any concepts related to those materials.
  2. Non-Disclosure.You may only use the Confidential Information for the express purpose for which it was disclosed to you. You agree to protect the confidentiality of all Confidential Information and not to disclose it to anyone. Except as expressly authorized by us, you agree not to copy, print, store, forward, or otherwise collect Confidential Information. Your confidentiality obligations shall survive the completion of the Research Studies.

7. Links

We may provide links to third-party websites or Internet resources through its website or other services. These links are for your convenience only and do not imply our endorsement. You agree that we will have no responsibility or liability for any information, software, or other materials found at any other website or Internet resource.

8. Termination

You may close your account and discontinue your participation in and access to MindSwarms at any time. We may terminate your account or suspend access to MindSwarms immediately without notice if in our judgment you violate the law or these terms of service, or abuse a Researcher or the MindSwarms service in any way. These terms of service will remain in full force and effect notwithstanding any termination of your use of MindSwarms.

9. Other Terms

  1. Entire Agreement; Modifications; Waiver.
    These terms of service, together with any additional terms to which you agree when using MindSwarms constitute the entire and exclusive agreement between the parties regarding MindSwarms, and supersedes any prior agreements. We may change these terms of service from time to time without prior notice. The most recent version of these terms of service will be posted at www.blog.blog.wp.mindswarms.com/terms. Your continued use of MindSwarms following any such changes will indicate your agreement to such changes. Our failure to exercise or enforce any right or provision of these terms of service will not constitute a waiver of such right or provision.
  2. Governing Law; Arbitration.
    These terms of service and the relationship between you and us will be governed by the laws of the State of California as applied to agreements entered into and performed in California, regardless of your actual place of residence and without regard to conflicts of law. Any dispute arising from or relating to these terms of use or your use of MindSwarms, except with respect to intellectual property claims, will be arbitrated in accordance with the American Arbitration Association rules in San Francisco, California. Any intellectual property claim must be brought in, and you irrevocably submit to the exclusive personal jurisdiction of, the federal or state courts located in San Francisco, California.
  3. Disclaimer of Warranties.
    MINDSWARMS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF MINDSWARMS IS AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO MINDSWARMS (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). WE MAKE NO WARRANTY THAT MINDSWARMS WILL MEET YOUR REQUIREMENTS, OR THAT MINDSWARMS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU ACKNOWLEDGE THAT ACCESS TO DATA (INCLUDING, BUT NOT LIMITED TO, DOCUMENTS, PHOTOGRAPHS, AND VIDEO FILES) STORED BY YOU OR OTHERS ON MINDSWARMS IS NOT GUARANTEED AND THAT WE WILL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS OF DATA CAUSED BY MINDSWARMS OR ITS UNAVAILABILITY. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF MINDSWARMS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. WE MAKE NO WARRANTY AS TO THE PERFORMANCE OF ANY THIRD PARTIES INCLUDING, WITHOUT LIMITATION PAYMENT PROCESSORS OR THE RESEARCHERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH MINDSWARMS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE DO NOT REVIEW THE LEGITIMACY OF RESEARCHERS OR THE RESEARCH STUDIES PROVIDED BY RESEARCHERS. AS A RESULT, WE HAVE NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF THE QUESTIONS ASKED IN THE RESEARCH STUDIES OR IN THE SCREENING QUESTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OF ANY RESEARCHER.
  4. Limitations of Liability.
    YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY REMEDY OF ITS ESSENTIAL PURPOSE) FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM YOUR USE OF MINDSWARMS (OR ANY PERSON USING YOUR ACCOUNT) AND (B) MORE THAN ONE HUNDRED DOLLARS ($100.00) RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF MINDSWARMS. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of MindSwarms or these terms of service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  5. Exclusions and Limitations.
    Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that MindSwarms may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of MindSwarms’ liability will be the minimum permitted under such applicable law.
  6. Indemnification.
    You agree to indemnify, defend, and hold us harmless and our and our affiliates’ officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these terms of service or your use of MindSwarms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
  7. Assignment.
    You may not transfer any of your rights or obligations under these terms of service without our prior written consent. We may assign your account, MindSwarms and all agreements at any time, without notice. Subject to the foregoing, these terms of service will be binding on each party’s permitted successors and assigns.
  8. Severability.
    If any provision of these terms of service is found by an arbitrator or court of competent jurisdiction to be invalid, you nevertheless agree that the arbitrator or court should endeavor to give effect to the your and our intentions as reflected in the provision, and that the other provisions of these terms of service remain in full force and effect.

10. Definitions

To help you understand this privacy policy, the following capitalized terms shall have the following meanings:

  • “MindSwarms” means the services that we make available.
  • “Personal Data” means any data that describes you (such as name, gender, age, phone number, and address), your beliefs (such as political party), or your behaviors (such as shopping habits).
  • “Researcher” means a third party conducting research through MindSwarms.
  • “Research Study” means a research study offered containing text, audio and/or video questions that are answered via webcam by participants.
  • “Research Data” means sample videos, study applications, and the responses and other information you provide (whether through text, video or audio) for the Research Studies, and any behavioral or other data on your usage of MindSwarms collected by us.
  • “User Information” means Personal Data and Research Data.
  • “We” or “us” means MindSwarms, Inc.

Researcher Terms of Service

These terms of service govern your use of MindSwarms. By clicking “accept” and/or using MindSwarms to conduct or review Studies, you agree to be bound by these terms of service. If you do not agree to these terms of service, you may not use MindSwarms.

1. Use of MindSwarms

  1. Requirements.
    You will need a high-speed Internet connection, speakers, a modern web browser, and the latest version Adobe Flash Player software to use MindSwarms.
  2. Creating a Study.
    1. To create a Study, you must have a valid MindSwarms account.
    2. Give the Study both a public name that may be seen by Participants, and an internal name that will not be seen by Participants.
    3. Select the number of Participants desired for the Study.
    4. Choose whether the Study will be a public study, open to the MindSwarms community of users, or a private study, open only to those with a hyperlink to the study application.
  3. Automated Screening.
    1. You may automatically screen potential Participants using demographic, psychographic, or behavioral criteria stored in our Participant database.
    2. You may specify multiple sets of criteria. For example, one set might include women ages 18-25 and another set might contain men ages 20-25.
    3. Participants in our database will be automatically screened for eligibility. Only Participants who meet the requirements of one or more sets of criteria will be eligible to apply for the Research Study.
  4. Custom Screening.
    1. You may manually screen potential Participants using a custom screener.
    2. Your custom screener may include up to 5 questions, each no longer than 200 characters.
    3. Your custom screener questions may be single answer or multiple answer. You may also have one open answer question
    4. Participants in our database will apply to your study and complete your custom screener.
  5. Research Questions.
    1. You may ask up to 7 questions per Research Study.
    2. Questions are text prompts and are limited to 200 characters each.
    3. Questions may include links to supplemental material. Links count towards the 200 character limit.
    4. You may optionally record your questions via webcam to supplement the text prompts.
  6. Selecting Participants.
    1. When individuals apply for your Research Study, you will be notified via email.
    2. You can accept or reject individual applicants based on their demographic information, sample video, and answers to the screening survey.
    3. You may view all applicants, accepted applicants, completed responses, declined applicants, and flagged responses on the Research Study detail page.
    4. Accepted applicants may complete your study as long as you have not reached the total number of Participants for the study.
  7. Reviewing Responses.
    1. Timing.
      Participants in the Research Study will respond to your questions via webcam. You may review a Participant’s Research Study response for content and quality as soon as it appears on your completed responses page.
    2. Flagging a Video.
      You may flag a Participant’s Research Study response within 24 hours of its submission if: (1) the Participant does not complete the Research Study, (2) there are technical issues that hinder the Researcher’s ability to interpret a Participant’s answers to the Research Study (such as audio or video problems), (3) the Participant does not answer the questions in the Research Study in sufficient detail, or (4) the Participant appears untruthful or inconsistent in his/her Research Data. This is done by clicking the “flag” button next to the Participant’s answer and providing a reason for such rejection. The Participant will be alerted if his/her Research Data is flagged and given 24 hours to either (i) correct the issue or (ii) dispute the flag. If the flag is disputed, we will review the Research Data and determine the reasonableness of the rejection; our determination shall be final. If the flagged Participant does not respond to the flag within 24 hours, you may replace the Participant with another applicant.
    3. WE DO NOT SCREEN PARTICIPANTS OR THE RESEARCH DATA PROVIDED BY PARTICIPANTS.
      AS A RESULT, WE HAVE NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF THE RESEARCH DATA PROVIDED, INCLUDING ANSWERS TO RESEARCH STUDY QUESTIONS.
  8. Closing a Study.
    A Research Study closes when the total number of Research Study Participants is reached.
  9. Requirements.
    Researcher agrees to:
    1. provide true, accurate, current, and complete information on the registration page.
    2. maintain and update such information to keep it true, accurate, current, and complete at all times.
  10. License.
    1. Subject these terms of service, Researcher may: (a) connect, through a browser or other interface, with MindSwarms; and (b) create a MindSwarms account and access and use MindSwarms to provide Research Studies to MindSwarms’ Participants solely for the purposes of Researcher’s internal market research.
    2. We grant Researcher a worldwide, exclusive (except as to MindSwarms), license under our right and interest in the Research Data to use the Research Data and non-identifiable Personal Data of the Participants in the corresponding Study for Researcher’s (and Researcher’s affiliates’) internal market research purposes. Researcher may share the Research Data only with third parties, such as consultants or agencies, who are working with Researcher in connection with the internal market research purposes.
    3. FOR THE AVOIDANCE OF DOUBT, RESEARCHER IS NOT GRANTED THE RIGHT TO USE THE RESEARCH DATA TO CONTACT THE PARTICIPANT FOR ANY PURPOSE, OTHER THAN AS PERMITTED THROUGH MINDSWARMS, OR TO PUBLISH OR TO PUBLICLY MAKE AVAILABLE THE RESEARCH DATA (INCLUDING, WITHOUT LIMITATION, THE VIDEO OR AUDIO ANSWERS OF THE PARTICIPANT)
  11. Restrictions.
    1. Researcher represents, warrants and covenants that it will not use MindSwarms to, nor create any Research Studies which:
      1. violate any local, state, national, or international law or regulation (including HIPAA and those related to personal data protection);
      2. transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
      3. transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
      4. transmit any material which infringes the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights);
      5. transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
      6. ask unlawful questions;
      7. stalk, harass, or harm another individual;
      8. impersonate any person or entity, or otherwise misrepresent Researcher’s affiliation with a person or entity;
      9. violate our Privacy Policy with respect to data from Participants; or
      10. interfere with or disrupt MindSwarms or servers or networks connected to MindSwarms, or disobey any requirements, procedures, policies, or regulations of networks connected to MindSwarms.
    2. Researcher may not make any Research Data publicly available, such as posting a Participant’s video response on YouTube, without the prior written consent of MindSwarms, Inc.
  12. Disclosure of Information to Participants.
    Participants must abide by a confidentiality agreement while using MindSwarms. However, confidential information disclosed by Researcher to Participants though the Research Studies may not be kept confidential by the Participant, and Researcher acknowledges and agrees that MindSwarms is not responsible for any Participant’s disclosure of such information.
  13. Administration of Researcher’s Study by MindSwarms.When your responses are flagged.
    In the event that MindSwarms administers a Study on behalf of the Researcher, Researcher shall remain entirely responsible for the Study and these Terms of Service shall apply to such Study just as if Researcher had administered the Study. By using MindSwarms to review a Study administered by MindSwarms on your behalf, you agree to these Terms of Service.

2. Payment

  1. Fees.
    1. Researcher will pay for access to and use of MindSwarms. Exact fees for a proposed Research Study will be provided to Researcher prior to purchase. Fees are due prior to the start of the Study via one of the payment options offered on the MindSwarms site or via an alternative method mutually agreed to in writing (including by email).
    2. Additional Fees: Researcher acknowledges and agrees that the fees for a Study are subject to change if Researcher modifies the Study or requests extra services from MindSwarms.
    3. Incidental Fees: Researcher acknowledges and agrees that Researcher is responsible for any incidental transaction fees or charges.
  2. Taxes
    Researcher will be responsible for payment of all taxes (other than taxes based on our income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the payment of fees to us under these terms of service. Researcher will make all payments of fees to us free and clear of, and without reduction for, any withholding taxes.

3. Other Terms

  1. Entire Agreement; Modifications; Waiver.
    These terms of service, together with any additional terms to which you agree when using MindSwarms constitute the entire and exclusive agreement between the parties regarding MindSwarms, and supersedes any prior agreements. We may change these terms of service from time to time without prior notice. The most recent version of these terms of service will be posted at www.blog.blog.wp.mindswarms.com/terms. Your continued use of MindSwarms following any such changes will indicate your agreement to such changes. Our failure to exercise or enforce any right or provision of these terms of service will not constitute a waiver of such right or provision.
  2. Governing Law; Arbitration.
    These terms of service and the relationship between you and us will be governed by the laws of the State of California as applied to agreements entered into and performed in California, regardless of your actual place of business and without regard to conflicts of law. Any dispute arising from or relating to these terms of use or your use of MindSwarms, except with respect to intellectual property claims, will be arbitrated in accordance with the American Arbitration Association rules in San Francisco, California. Any intellectual property claim must be brought in, and you irrevocably submit to the exclusive personal jurisdiction of, the federal or state courts located in San Francisco, California.
  3. Disclaimer of Warranties.
    MINDSWARMS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF MINDSWARMS IS AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO MINDSWARMS (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). WE MAKE NO WARRANTY THAT MINDSWARMS WILL MEET RESEARCHER’S REQUIREMENTS, OR THAT MINDSWARMS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. MINDSWARMS MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF MINDSWARMS, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH MINDSWARMS, OR THAT DEFECTS IN MINDSWARMS WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ACCESS TO DATA (INCLUDING, BUT NOT LIMITED TO, DOCUMENTS, PHOTOGRAPHS, AND VIDEO FILES) STORED BY YOU OR OTHERS ON MINDSWARMS IS NOT GUARANTEED AND THAT WE WILL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS OF DATA CAUSED BY MINDSWARMS OR ITS UNAVAILABILITY. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF MINDSWARMS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. WE MAKE NO WARRANTY AS TO THE PERFORMANCE OF ANY THIRD PARTIES INCLUDING, WITHOUT LIMITATION PAYMENT PROCESSORS OR THE PARTICIPANTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH MINDSWARMS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE DO NOT REVIEW THE LEGITIMACY OF RESEARCHERS OR THE RESEARCH STUDIES PROVIDED BY RESEARCHERS. AS A RESULT, WE HAVE NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF THE QUESTIONS ASKED IN THE RESEARCH STUDIES OR IN THE SCREENING QUESTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OF ANY RESEARCHER.
  4. Limitations of Liability.
    YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, GOODWILL, LOST PROFITS OR LOST DATA, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY REMEDY OF ITS ESSENTIAL PURPOSE) FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM YOUR USE OF MINDSWARMS (OR ANY PERSON USING YOUR ACCOUNT) AND (B) MORE THAN THE AMOUNT PAID BY RESEARCHER TO MINDSWARMS FOR MINDSWARMS IN THE TWELVE MONTHS PRECEDING SUCH LOSSES. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of MindSwarms or these terms of service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  5. Exclusions and Limitations.
    Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that MindSwarms may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of MindSwarms’ liability will be the minimum permitted under such applicable law.
  6. Indemnification.
    You agree to indemnify, defend, and hold us harmless and our and our affiliates’ officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) breach of these terms of service or your use of MindSwarms.
  7. Assignment.
    You may not transfer any of your rights or obligations under these terms of service without our prior written consent. We may assign your account, MindSwarms and all agreements at any time, without notice. Subject to the foregoing, these terms of service will be binding on each party’s permitted successors and assigns.
  8. Severability.
    If any provision of these terms of service is found by an arbitrator or court of competent jurisdiction to be invalid, you nevertheless agree that the arbitrator or court should endeavor to give effect to the your and our intentions as reflected in the provision, and that the other provisions of these terms of service remain in full force and effect.
  9. Force Majeure.
    Except for Researcher’s obligation to pay us, neither party shall be liable to the other party for any failure or delay in performance caused by reasons beyond its reasonable control.

4. Definitions

To help you understand this privacy policy, the following capitalized terms shall have the following meanings:

  • “MindSwarms” means the services that we make available.
  • “Participant” means an individual who participates in a Research Study.
  • “Personal Data” means any data that describes a Participant, such as name, gender, and age.
  • “Researcher” means you (or, in context, a third party conducting research through MindSwarms).
  • “Research Study” or “Study” means a research study offered containing text, audio and/or video questions that are answered via webcam by Participants.
  • “Research Data” means sample videos, study applications, and the responses and other information a Participant provides (whether through text, video or audio) for the Research Studies, and any behavioral or other data on the Participant’s usage of MindSwarms collected by us.
  • “We” or “us” means MindSwarms, Inc.
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